HomeMy WebLinkAboutRES 15-245RESOLUTION NO. 15-245
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an Industrial District
Agreement with Martin Operating Partnership, LP, of Kilgore, Texas. The agreement is
substantially in the form attached hereto as Exhibit "A" and made a part hereof for all
purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
November, 2015
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This Agreement is made under the authority of Section 42.044 of the Texas Local
Government Code.
The parties to the Agreement are The City of Beaumont, a municipal corporation and a
home -rule city located in Jefferson County, Texas (hereinafter called "City") and Martin
Operating Partnership L.P., its parent, subsidiaries, and affiliates, (hereinafter called
"Company").
PREAMBLE
WHEREAS, the City has established an industrial district comprising a certain part of the
extra -territorial jurisdiction of the City, such industrial district being known as the City of
Beaumont Industrial District, a map of which is attached as Exhibit A;
WHEREAS, Company owns land and improvements which are a. part of the
manufacturing, industrial, and/or refining facilities of said Company and which are located in the
City of Beaumont Industrial District;
WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to
contribute to the revenue needs of said City in an amount commensurate with the burdens placed
upon the City and benefits derived by the Company by reason of being located immediately
adjacent to said City; and
WHEREAS, the Company and the City desire to base the industrial district payment on
assessed value to ensure equity among the companies.
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EXHIBIT "A"
NOW THEREFORE, in view of the above and foregoing reasons, and in consideration of
the mutual agreements herein contained, the Company and City hereby agree as follows:
ARTICLE I
COMPANY'S OBLIGATION
Annual Payment on Company's Property
1. Commencing with the calendar year 2016 and each calendar year thereafter for the
duration of this Contract, the Company will pay the City a certain sum of money, which will be
computed on the assessed value of the Company's facilities and property, real, personal, and
mixed located on Company's lands located within the City of Beaumont Industrial District
(hereinafter the "Properties").
2. By the term "Assessed Value" is meant the 100% valuation of the Company's
properties, as determined by the Jefferson County Appraisal District for the previous tax year.
3. The term "assumed City taxes due" shall be calculated by the following formula:
Assumed City Taxes Due:
Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due
4. Payment Procedures
The procedures for determining and making such payments shall be as follows:
(a) The payment for 2016 shall be due and payable on or before February 1, 2016 and
calculated as follows:
(00021578v.2)
4
Assumed City Taxes Due:
Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due
Year 1 80% of Assumed City Taxes Due = 2016 Payment
Each October thereafter, the Chief Financial Officer of the City shall obtain the
most recent assessed values as set by the Jefferson County Appraisal District for the Properties,
having taxable situs within the City of Beaumont Industrial District; for example, in October,
2015, the 2015 assessed values shall be used for the February 1, 2016 payment.
If the assessed values for the period required are in question and/or under
litigation with the Jefferson County Appraisal District, payment shall be computed on the most
recent certified values from the Jefferson County Appraisal District. The Company shall notify
the City following resolution of the appraised value question and an adjustment for the payment,
without interest, will be made within thirty (30) days following such resolution.
(b) After the assessed value of the Properties has been determined, the payments due
hereunder shall be calculated in accordance with the following schedule:
The 2017 and 2018 payments shall be 80% of assumed City taxes due.
The 2019 - 2022 payments shall be 75% of assumed City taxes.
(c) City hereby agrees to bill Company for its payments due hereunder on or before
January 1 each year. Company shall pay to City the amount billed on or before February 1 each
year. Invoices will be sent to Martin Operating Partnership L.P. for the Properties. Upon
receiving the final payment, the Chief Financial Officer shall issue an official receipt of said City
{00021578v.2}
3
acknowledging full, timely, final and complete payment due by said Company to City for the
property involved in this Agreement for the year in which such payment is made. If payment is
not made on or before any due date, the same penalties, interest, attorneys' fees and costs of
collection shall be recoverable by the City as would be collectible in the case of delinquent ad
valorem taxes. Further, if payment is not timely made, all payments which otherwise would
have been paid to the City had Company been in the City limits of City will be recaptured and
paid to the City within 60 days of any such event.
ARTICLE II
PROPERTY COVERED BY AGREEMENT
This instrument will reflect the intention of the parties hereto that this instrument shall
govern and affect the Properties (facilities, real, personal, and mixed) located on Company's real
property as shown on the records of the Jefferson County Appraisal District which are within the
City of Beaumont Industrial District.
ARTICLE III
SALE BY COMPANY
Company shall notify City of any sale of any or all of Company's facilities to any person
or entity. It is the intent of the parties that no sale of any of Company's facilities will affect the
amount to be paid to the City as provided under this Agreement. Accordingly and as to
payments due under this contract no such sale shall reduce the amount due the City under this
contract until the purchaser of such facility has entered into a contract in lieu of taxes with the
City that provides for a continuation of like payments to the City.
ARTICLE IV
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CITY'S OBLIGATIONS
1. City agrees that it will not annex, attempt to annex or in any way cause or permit to
be annexed any portion of the Properties for the period of the agreement except as follows:
(a) If the City determines that annexation of all or any part of the Properties is
reasonably necessary to promote and protect the general health, safety and welfare of persons
residing within or adjacent to the City, the City will notify Company in accordance with State
law of the proposed annexation. In the event of such annexation, Company will not be required
to make further payment under this Agreement for any calendar year commencing after such
annexation with respect to the property so annexed, but shall nevertheless be obligated to make
full payment for the year during which such annexation becomes effective if the annexation
becomes effective after January 1 of said year.
(b) In the event any municipality other than the City attempts to annex separately or
in the event the creation of any new municipality shall be attempted so as to include within its
limits any land which is the subject matter of this Agreement, City shall, with the approval of
Company, seek immediate legal relief against any such attempted annexation or incorporation
and shall take such other legal steps as may be necessary or advisable under the circumstances
with all cost of such action being borne equally by the City and by the said Company or
companies with the Company's portion allocated on the basis of assessed values.
2. The City further agrees that during the term of this agreement, there shall not be
extended or enforced as to. any land and property of Company within said City of Beaumont
Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control
the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or
inspection standards or equipment, or (c) attempting to regulate or control in any way the
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5
conduct of Company's activities, facilities or personnel thereof.
3. It is understood and agreed that during the term of this agreement or any renewals
thereof, the City shall not be required to furnish any municipal services to Properties; provided,
however, City agrees to furnish fire protection to the Properties should such protection be
requested by Company in the event an unusual emergency situation occurs. The City will also
provide police protection if called upon by the Jefferson County Sheriff's Department for
assistance.
ARTICLE IV
TERMINATION OF BREACH
It is agreed by the parties to this Agreement that only full, complete and faithful
performance of the terms hereof shall satisfy the rights and obligations assumed by the parties
and that, therefore, in addition to any action at law for damages which either party may have,
Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter
amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled
to obtain such other equitable relief, including specific performance of the Agreement, as is
necessary to enforce its rights. It is further agreed that should this Agreement be breached by
Company, the City shall be entitled, in addition to any action at law for damages, to obtain
specific performance of this Agreement and such other equitable relief necessary to enforce its
rights.
ARTICLE V
TERM OF AGREEMENT
The term of this Agreement shall be for seven (7) years, commencing January 1, 2016,
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6
and ending on December 31, 2022.
ARTICLE VI
NOTICES
Any notice provided for in this Contract, or which may otherwise be required by law
shall be given in writing to the parties hereto by Certified Mail addressed as follows:
TO CITY TO COMPANY
City Manager Martin Operating Partnership L.P.
City of Beaumont P. O. Box 191
801 Main Kilgore, Texas 75663
Beaumont, Texas 77704
ARTICLE VII
CONTINUATION
If this Agreement shall be held invalid by any court of competent jurisdiction, such
holding shall not affect the right of City to any payment made or accruing to City hereunder prior
to such adjudication, and this provision is intended to be an independent and separable provision
not to be affected by such adjudication.
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IN WITNESS THEREOF, this Agreement, consisting of 8 pages, is executed in duplicate
counterparts as of this day of _ 92015.
CITY OF BEAUMONT, TEXAS
Kyle Hayes
City Manager
ATTEST:
Tina Broussard
City Clerk
MARTIN OPERATING PARTNERSHIP L.P.
By: Martin Operating GP LLC, its general partner
By: Martin Midstream Partners L.P., its sole member
By: Martin Midstream GP LLC, its general partner
Robert D. Bondurant
Executive Vice President and CFO
ATTEST:
Chris Booth
Secretary
{00021578v.2}
EXHIBIT A
(Map of City of Beaumont Industrial District)
(00021578v.2)
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This Agreement is made under the authority of Section 42.044 of the Texas Local
Government Code.
The parties to the Agreement are The City of Beaumont, a municipal corporation and a
home -rule city located in Jefferson County, Texas (hereinafter called "City") and Martin
Operating Partnership L.P., its parent, subsidiaries, and affiliates, (hereinafter called
"Company").
PREAMBLE
WHEREAS, the City has established an industrial district comprising a certain part of the
extra -territorial jurisdiction of the City, such industrial district being known as the City of
Beaumont Industrial Distric
WHEREAS, Company owns land and improvements which are a part of the
manufacturing, industrial, and/or refining facilities of said Company and which are located in the
City of Beaumont Industrial District;
WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to
contribute to the revenue needs of said City in an amount commensurate with the burdens placed
upon the City and benefits derived by the Company by reason of being located immediately
adjacent to said City; and
WHEREAS, the Company and the City desire to base the industrial district payment on
assessed value to ensure equity among the companies.
J00021578v..f
1
NOW THEREFORE, in view of the above and foregoing reasons, and in consideration of
the mutual agreements herein contained, the Company and City hereby agree as follows:
ARTICLE I
COMPANY'S OBLIGATION
Annual Payment on Company's Property
1. Commencing with the calendar year 2016 and each calendar year thereafter for the
duration of this Contract, the Company will pay the City a certain sum of money, which will be
computed on the assessed value of the Company's facilities and property, real, personal, and
mixed located on Company's lands located within the City of Beaumont Industrial District
(hereinafter the "Properties").
2. By the term "Assessed Value" is meant the 100% valuation of the Company's
properties, as determined by the Jefferson County Appraisal District for the previous tax year.
3. The term "assumed City taxes due" shall be calculated by the following formula:
•l
Assumed City Taxes Due:
Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due
4. Payment Procedures
The procedures for determining and making such payments shall be as follows:
(a) The payment for 2016 shall be due and payable on or before February 1, 2016 and
calculated as follows:
2
Assumed City Taxes Due:
Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due
Year 1 80% of Assumed City Taxes Due = 2016 Payment
Each October thereafter, the Chief Financial Officer of the City shall obtain the
most recent assessed values as set by the Jefferson County Appraisal District for the Properties,
having taxable situs within the City of Beaumont Industrial District; for example, in October,
2015, the 2015 assessed values shall be used for the February 1, 2016 payment.
If the assessed values for the period required are in question and/or under
litigation with the Jefferson County Appraisal District, payment shall be computed on the most
recent certified values from the Jefferson County Appraisal District. The Company shall notify
the City following resolution of the appraised value question and an adjustment for the payment,
without interest, will be made within thirty (30) days following such resolution.
(b) After the assessed value of the Properties has been determined, the payments due
hereunder shall be calculated in accordance with the following schedule:
The 2017 and 2018 payments shall be 80% of assumed City taxes due.
The 2019 - 2022 payments shall be 75% of assumed City taxes.
(c) City hereby agrees to bill Company for its payments due hereunder on or before
January 1 each year. Company shall pay to City the amount billed on or before February 1 each
year. Invoices will be sent to Martin Operating Partnership L.P. for the Properties. Upon
receiving the final payment, the Chief Financial Officer shall issue an official receipt of said City
100021578v.2)
3
acknowledging full, timely, final and complete payment due by said Company to City for the
property involved in this Agreement for the year in which such payment is made. If payment is
not made on or before any due date, the same penalties, interest, attorneys' fees and costs of
collection shall be recoverable by the City as would be collectible in the case of delinquent ad
valorem taxes. Further, if payment is not timely made, all payments which otherwise would
have been paid to the City had Company been in the City limits of City will be recaptured and
paid to the City within 60 days of any such event.
ARTICLE II
PROPERTY COVERED BY AGREEMENT
This instrument will reflect the intention of the parties hereto that this instrument shall
govern and affect the Properties (facilities, real, personal, and mixed) located on Company's real
property as shown on the records of the Jefferson County Appraisal District which are within the
City of Beaumont Industrial District.
ARTICLE III
SALE BY COMPANY
Company shall notify City of any sale of any or all of Company's facilities to any person
or entity. It is the intent of the parties that no sale of any of Company's facilities will affect the
amount to be paid to the City as provided under this Agreement. Accordingly and as to
payments due under this contract no such sale shall reduce the amount due the City under this
contract until the purchaser of such facility has entered into a contract in lieu of taxes with the
City that provides for a continuation of like payments to the City.
(00021578,.2;
4
ARTICLE IV
CITY'S OBLIGATIONS
1. City agrees that it will not annex, attempt to annex or in any way cause or permit to
be annexed any portion of the Properties for the period of the agreement except as follows:
(a) If the City determines that annexation of all or any part of the Properties is
reasonably necessary to promote and protect the general health, safety and welfare of persons
residing within or adjacent to the City, the City will notify Company in accordance with State
law of the proposed annexation. In the event of such annexation, Company will not be required
to make further payment under this Agreement for any calendar year commencing after such
annexation with respect to the property so annexed, but shall nevertheless be obligated to make
full payment for the year during which such annexation becomes effective if the annexation
becomes effective after January 1 of said year.
(b) In the event any municipality other than the City attempts to annex separately or
in the event the creation of any new municipality shall be attempted so as to include within its
limits any land which is the subject matter of this Agreement, City shall, with the approval of
Company, seek immediate legal relief against any such attempted annexation or incorporation
and shall take such other legal steps as may be necessary or advisable under the circumstances
with all cost of such action being borne equally by the City and by the said Company or
companies with the Company's portion allocated on the basis of assessed values.
2. The City further agrees that during the term of this agreement, there shall not be
extended or enforced as to any land and property of Company within said City of Beaumont
Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control
the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or
100021578Y.2}
5
inspection standards or equipment, or (c) attempting to regulate or control in any way the
conduct of Company's activities, facilities or personnel thereof.
3. It is understood and agreed that during the term of this agreement or any renewals
thereof, the City shall not be required to furnish any municipal services to Properties; provided,
however, City agrees to furnish fire protection to the Properties should such protection be
requested by Company in the event an unusual emergency situation occurs. The City will also
provide police protection if called upon by the Jefferson County Sheriffs Department for
assistance.
ARTICLE IV
TERMINATION OF BREACH
It is agreed by the parties to this Agreement that only full, complete and faithful
performance of the terms hereof shall satisfy the rights and obligations assumed by the parties
and that, therefore, in addition to any action at law for damages which either party may have,
Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter
amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled
to obtain such other equitable relief, including specific performance of the Agreement, as is
necessary to enforce its rights. It is further agreed that should this Agreement be breached by
Company, the City shall be entitled, in addition to any action at law for damages, to obtain
specific performance of this Agreement and such other equitable relief necessary to enforce its
rights.
100021S78vl)
6
ARTICLE V
TERM OF AGREEMENT
The term of this Agreement shall be for seven (7) years, commencing January 1, 2016,
and ending on December 31, 2022.
ARTICLE VI
NOTICES
Any notice provided for in this Contract, or which may otherwise be required by law
shall be given in writing to the parties hereto by Certified Mail addressed as follows:
TO CITY TO COMPANY
City Manager Martin Operating Partnership L.P.
City of Beaumont P. O. Box 191
801 Main Kilgore, Texas 75663
Beaumont, Texas 77704
ARTICLE VII
CONTINUATION
If this Agreement shall be held invalid by any court of competent jurisdiction, such
holding shall not affect the right of City to any payment made or accruing to City hereunder prior
to such adjudication, and this provision is intended to be an independent and separable provision
not to be affected by such adjudication.
(The remainder of this page has been intentionally left blank)
{00021578v11
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IN WITNESS THEREOF, this Agreement, consisting of 8 pages, is executed in duplicate
counterparts as of this ) 7 � day of �Oj&'rlo-2015.
CITY OF BEAUMONT, TEXAS
0
ATTEST:
Tina Broussard
City Clerk
Kyle Hayes
City Manager
MARTIN OPERATING PARTNERSHIP L.P.
By: Martin Operating GP LLC, its general partner
By: Martin Midstream Partners L.P., its sole member
By: Martin Midstream GP LLC, its general partner
By: 7R
Robert D. Bondurant
Executive Vice President and CFO
ATTEST:
r
Chris Booth
Secretary
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